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Matter of Comacho v. Ward

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 1979
69 A.D.2d 882 (N.Y. App. Div. 1979)

Opinion

April 23, 1979


In a proceeding pursuant to CPLR article 78 to compel respondent to return petitioner to the Ossining Correctional Facility, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated May 8, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner offered no factual support to establish that his transfer from the Ossining Correctional Facility was "unconstitutional", and he concedes that "Even * * * the due process clause itself does not require a hearing with respect to prison transfers unless such transfer is otherwise violative of the Constitution" (see Montanye v. Haymes, 427 U.S. 236). Titone, J.P., Suozzi, Lazer and Cohalan, JJ., concur.


Summaries of

Matter of Comacho v. Ward

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 1979
69 A.D.2d 882 (N.Y. App. Div. 1979)
Case details for

Matter of Comacho v. Ward

Case Details

Full title:In the Matter of VICTOR COMACHO, Appellant, v. BENJAMIN WARD, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 23, 1979

Citations

69 A.D.2d 882 (N.Y. App. Div. 1979)